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Cumberland County Unincorporated
City Zoning Code

ARTICLE VIII

RESIDENTIAL, RURAL R-3 DISTRICT9

Footnotes:
--- (9) ---

Editor's note— Ord. No. 11-05, § c, adopted July 12, 2011, repealed former Art. VIII, §§ 74-301—74-310, and enacted a new Art. VIII as set out herein. Former Art. VIII pertained to the same subject matter. See the Code Comparative Table for complete derivation.


Sec. 74-301. - Statement of intent.

Generally, the R-3 district is composed of certain quiet, low density residential areas within and surrounding unincorporated villages or rural residential settlements and points of historic or scenic interest in the County.

This district is established for the specific purpose of providing for the preservation and protection of historic and scenic areas and providing the essential village characteristics of such areas. It is intended that this district support existing designated growth areas by encouraging the district's placement adjacent to such growth areas as found in the Comprehensive Plan in order to transition from the higher intensity uses of growth areas to lower intensity uses as found in the rural areas of the county outside of designated growth areas.

The regulations for the district as designed to stabilize and protect the essential characteristics of the district and to prohibit extensive and large scale agricultural, industrial and commercial activities.

(Ord. No. 11-05, § c, 7-12-2011)

Sec. 74-302. - Permitted uses and structures.

Permitted uses and structures in an R-3 district are as follows:

(1)

Minor subdivisions, conventional.

(2)

Major subdivisions, cluster.

(3)

Single-family detached dwellings.

(4)

Two-family dwellings.

(5)

Manufactured homes.

(6)

Modular housing units.

(7)

Accessory uses and structures.

(8)

Boarding, rooming or lodging houses and bed and breakfast inns.

(9)

Cemeteries.

(10)

Church or civic community centers.

(11)

Foster care and adult family care (home-based).

(12)

Home occupations.

(13)

In home daycare.

(14)

Public library, civic clubs and lodges.

(15)

Short-term rental dwellings.

(16)

Uses relating to agriculture, limited to the raising of field crops, haying and grazing pasture land, the keeping of animals and fowl, and forestry.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 14-05, 10-14-2014; Ord. No. 16-08, 10-11-2016; Ord. No. 22-04, 8-9-2022; Ord. No. 22-03, 9-12-2023; Ord. No. 23-01, 9-12-2023)

Sec. 74-303. - Permitted uses with conditional use permit.

The following uses are permitted in the R-3 district with a conditional use permit:

(1)

Churches.

(2)

Day care centers.

(3)

Electrical substations.

(4)

Game preserves and conservation areas.

(5)

Gift and antique shops.

(6)

Group homes.

(7)

Guest houses.

(8)

Museums.

(9)

Nursing homes, convalescent homes and rest homes.

(10)

Professional offices.

(11)

Recreational facilities.

(12)

Special recreational events.

(13)

Transitional homes.

(14)

Wireless telecommunications facilities; subject to provisions of section 74-731 et seq.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 11-08, 2-14-2012; Ord. No. 18-06, 11-13-2018; Ord. No. 22-06, 8-9-2022)

Sec. 74-304. - Area and density regulations.

The minimum gross residential density and the minimum lot area shall be as prescribed in Table 32.

TABLE 32

R-3 DENSITY AND LOT AREA
REGULATIONS
GROSS
RESI-
DENTIAL
DENSITY
MINIMUM LOT AREA
1 dwelling unit per 5 acres 5 acres

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 22-04, 8-9-2022)

Sec. 74-305. - Setback and yard regulations.

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 33.

TABLE 33

R-3 SETBACK AND YARD REGULATIONS
MINIMUM SETBACK REQUIRED (as measured from the center line of any road) MINIMUM
SIDE YARD
MINIMUM
REAR YARD
(a) Designated primary highways: 100 feet. (a) 50 feet principal structure. (a) 75 feet principal structure.
(b) All other roads: 75 feet. (b) 15 feet accessory structures. (b) 15 feet accessory structures.

 

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 13-04, 10-8-2013; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

Sec. 74-306. - Frontage and lot width regulations.

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 34.

TABLE 34

R-3 FRONTAGE AND LOT WIDTH
REGULATIONS
MINIMUM FRONTAGE
REQUIRED
MINIMUM LOT WIDTH REQUIRED
(a) Public and private roads: 200 feet. Shall be the same as minimum required frontage.
(b) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-307. - Height regulations.

Buildings in an R-3 district may be erected up to thirty-five (35) feet in height; except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side and rear yards shall be increased by one (1) foot for each foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(3)

No accessory building which is within twenty (20) feet of any property line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-308. - Corner lots.

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-321. - Area and density regulations.

(a)

Residential density and lots: The minimum gross residential density and minimum residential lot area shall be as prescribed in Table 35.

(b)

Conservation lot required: A conservation lot shall be required in all R-3 cluster developments. The minimum conservation lot area (as a percentage of the total gross development acreage) shall be as prescribed in Table 35. Additional requirements for conservation lots within an R-3 cluster development shall be prescribed by section 74-156.

TABLE 35
R-3 CLUSTER DENSITY AND LOT AREA
REGULATIONS
GROSS
RESI-
DENTIAL
DENSITY
MINIMUM
RESIDEN-
TIAL LOT
AREA
MINIMUM
CONSERVA-
TION LOT AREA (% OF TOTAL DEVELOPMENT ACREAGE)
1 dwelling unit per 5 acres NONE 75%

 

(Ord. No. 11-05, § c, 7-12-2011)

Sec. 74-322. - Setback and yard regulations.

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 36.

TABLE 36

R-3 CLUSTER SETBACK AND YARD
REGULATIONS
MINIMUM SETBACK REQUIRED (as measured from the center line of any road) MINIMUM
SIDE YARD
MINIMUM
REAR YARD
(a) Designated primary highways: 100 feet. (a) 25 feet principal structure. (a) 25 feet principal structure.
(b) All other roads: 50 feet. (b) 5 feet accessory structures. (b) 5 feet accessory structures.

 

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

Sec. 74-323. - Frontage and lot width regulations.

(a)

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 37.

(b)

For the purposes of this section, any building lot which is separated from an existing public road by any conservation lot shall be deemed to front such existing public road for purposes of the application of such minimum frontage, setback and yard requirements unless the distance between the boundary of such conservation lot and any abutting residential lot shall be at least equal to the minimum setback requirement as listed in this subdivision.

TABLE 37

R-3 CLUSTER FRONTAGE AND LOT WIDTH REGULATIONS
MINIMUM FRONTAGE
REQUIRED
MINIMUM
LOT WIDTH
REQUIRED
(a) Designated primary highways: 200 feet. Shall be the same as minimum required frontage.
(b) All other roads: 150 feet
(c) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-324. - Height regulations.

Buildings in an R-3 district may be erected up to thirty-five (35) feet in height; except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side and rear yards must be increased by one (1) foot for each one (1) foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(3)

No accessory building which is within twenty (20) feet of any property line may be more than one (1) story high. All accessory buildings must be less than the main building in height.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-325. - Corner lots.

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)